MOHAMMAD MAQBOOL SHEIKH AND ORS. v. MOHAMMAD RAMZAN SHEIKH AND ANR.
CM(M)/290/2025 · 2026-09-14
M A Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1510 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1510 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 19 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) 290/2025 CM(4538/2025) Caveat 1730/2025
Mohammad Maqbool Sheikh & Ors. ...Appellant(s)/Petitioner(s)
Through: - Mr. I. A. Parray, Advocate. V/s Mohammad Ramzan Sheikh & Anr. … Respondent(s) Through:- Mr. N. H. Shah, Sr. Advocate with Ms. Saima Ghulam, Advocate.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 14.09.2026
1.
Learned counsel for the petitioners submits that although the respondents as plaintiff had moved application for withdrawal of the suit, the petitioners herein as defendants before the Court below have taken strong exception to the application moved by the plaintiffs to seek further liberty for filing of fresh suit on withdrawal of the earlier suit by them.
2. Be that as it may, this is the subject in which the Trial Court has to venture and take decision after hearing both the sides.
3. Since the final outcome of the withdrawal application is still awaited before the Court below, it is deemed appropriate to dispose of this petition rather than keeping it pending before this Court, with liberty to move afresh in case the cause survives.
4. Accordingly, the petition is disposed of, along with the connected CM(s), with the aforesaid liberty.
5. Interim direction(s), if any, shall stand vacated.
(M. A. CHOWDHARY)
JUDGE SRINAGAR September 14th, 2026
“Shoaib javid”